
Mr. Brnilovich established roots in the western part of the Phoenix metropolitan area (referred to as the “West Valley”) in 1979 and has been representing the area’s businesses and individuals for more than 40 years. He has substantial legal experience with business clients in the areas of real estate, construction, corporate governance, small business formation, and succession planning.
Real Estate
Credit Unions
Construction
Vehicle Finance Transactions (Lenders Only)
Commercial Leasing
University of Pittsburgh School of Law, Pittsburgh, Pennsylvania
J.D. - 1979
West Virginia University
B.S. - 1975
Honors: magna cum laude
Major: Political Science
Arizona, 1980
Pennsylvania, 1979
U.S. District Court District of Arizona, 1980
U.S. District Court Western District of Pennsylvania, 1979
U.S. Court of Appeals 9th Circuit, 1982
AV Preeminent® Peer Review Rated™, Martindale-Hubbell®
The Best Lawyers in America©, Real Estate Law (2013 – 2023)
Southwest Super Lawyers®, Business Litigation (2015 – 2018)
AZ Business Magazine, “Top 100 Lawyers in Arizona” (March/April 2016)
State Bar of Arizona, Former Member, Consumer Protection Committee
State Bar of Pennsylvania, Former Member
West Maricopa County Bar Association, Member, Board of Directors
West Maricopa County Bar Association, Past President
West Maricopa County Bar Association, Former Treasurer, Board of Directors
Western Maricopa Coalition (WESTMARC), Member
North Valley Chamber of Commerce, Member, Economic Development Committee
North Valley Chamber of Commerce, Past President
North Valley Chamber of Commerce, Former Member, Board of Directors
Glendale Chamber of Commerce, Former Member
Maricopa County Justice Courts, Judge Pro Tempore, 1991 to 1994
City of Peoria Judicial and Public Defender Advisory Board, Chairman, Present
Arrowhead Community Bank, Former Member, Board of Directors
City of Glendale, Former Member, Bond Committee
City of Peoria, Member, Planning and Zoning Commission, 2003 to 2004
Deer Valley Education Foundation, Former Member
Deer Valley Planning Committee, Member, 1981 to 1985
Deer Valley School District, Former Member, Budget Committee
Glendale Industrial Development Authority, Member, Board of Directors, 1994 to 2000
Glendale Industrial Development Authority, Former Treasurer
Glendale Industrial Development Authority, Former Member, Bond Committee
Glendale/Peoria YMCA, Former Member, Board of Managers
Interfaith Community Care, Former Member, Board of Directors
Leadership West, Graduate, Class VIII
Mediated a forced buyout of membership interest in a manufacturing business
Negotiated buyout of a member in a commercial equipment company
Negotiated and documented the acquisition of a membership interest in an Arizona based title company
Represented sellers of insurance agencies’ assets
Represented sellers of commercial real estate properties with national companies as tenants
Represented clients in the acquisition of shopping centers
Assisted clients with the sale of an industrial building
Represented sellers in the sale of tract of commercial land with freeway frontage
Worked with clients and the firms’ Intellectual Property department to obtain patents from the USPTO
General representation of local restaurant group
Represented an Arizona lender specializing in the purchase of auto financing contracts in a case against an auto dealer accused of selling fraudulent financing contracts. Representation resulted in the entire dealer inventory being seized through prejudgment remedies
Successfully defended an individual selling 160 acres of West Valley real estate in a lawsuit brought by a Brazilian investor that was demanding specific performance. After trial to the Superior Court sitting without a jury, Judgment was entered in favor of our client. Plaintiff appealed to the Court of Appeals which reversed the Trial Court. A Petition for Review was granted by the Supreme Court which vacated the decision of the Court of Appeals and reinstated the favorable Judgment of the Trial Court. Quiroz v. Harvey, 220 Ariz. 273, 205 P.3d 1120 (2009).
Represented an engineering firm that faced allegations of defective subdivision design that caused flooding. During pretrial proceedings, it was established that the homeowner’s association could not prove liability on the part of the engineering firm and the engineering firm was dismissed from the litigation
Successfully represented a widow accused of financial exploitation of the elderly by the son of her deceased husband. The probate court entered summary judgment in favor of the client. The Court of Appeals reversed the summary judgment ruling In Re Estate of Wyttenbach, 219 Ariz. 120, 193 P.3d 814 (2008) holding that where there is a conflict in the statutes, the more recent statute controls. The case was remanded to the probate court, and the client was successful at trial
Successfully represented a manufacturer of race car components in a lawsuit concerning the sale of a historic race car which was the first car to exceed 200 mph at the 1978 Indy 500 time trials • Successfully defended the owner of a construction company against allegations of a breach of the non-compete agreement. Established that the non-compete agreement was invalid because it was too broad in time, too broad in geographic scope, and was not essential to the plaintiff’s business purposes.
Assisted national tool manufacturer with Arizona-related transactional and litigation matters
Secured ingress and egress easements to large tracts of land on behalf of title insurance company
Represented real estate agents/brokers in procuring cause matters before the Department of Real Estate
Represented subdividers of 400 acres of farmland in Tonopah, Arizona in administrative proceedings before the Arizona Department of Real Estate
Represented Saturn Retail of Arizona, Inc. which was owned by General Motors Corporation. Represented the four new car dealers in contract negotiations, employment matters, and contract litigation.
Represented developers of medical office condos and medical buildings in building code issues which arose during construction, the creation of the CC&R’s and the sales of the units
General representation for custom homebuilders, including advising on issues relating to land use, zoning, contracts, disputes with subcontractors and suppliers
Represented several Arizona based credit unions since 1991and out-of-state credit unions in the formation of standardized contracts, compliance with Regulation Z, title issues on home loans, foreclosure matters, name change issues with the NCUA, employment issues, collection and bankruptcy matters
Assisted with business dissolution proceedings for a multiple-location retail store group
Provided general business representation for real estate brokerage with more than 1,000 agents
Defended national auctioneer of premier houses against allegations of fraud and misrepresentations
Queiroz v. Harvey, 220 Arizona 273
In re Estate of Shumway, 198 Arizona 323
Snap On Tools v. Rice, 162 Arizona 99
Smith v. Johnson, 183 Arizona 38
Douglas N Higgins, Inc v. Songer, 171 Arizona 8
In Re Estate of Wyttenbach, 219 Ariz. 120 (2008)
In re Charles, 25 B.R. 331 9th Cir. B.A.P. (1982)
75%
Maricopa County Justice Courts, Judge Pro Tem, 1991 to 1994
City of Peoria, Planning & Zoning Commission, Member
City of Glendale, Bond Committee
Glendale Industrial Development Authority, Board Member /Treasurer
Glendale/Peoria YMCA, Board of Managers
Glendale Chamber of Commerce, Member
City of Phoenix, Bond Committee
Deer Valley Planning Committee
Deer Valley Education Foundation
Deer Valley School District, Budget Committee
North Valley Chamber of Commerce, Past President and Director
Arrowhead Community Bank, Board of Directors
Blogs
“Qualifying Parties May Now Have to Face Personal Liability for Construction Company’s Obligations,” Author, Jennings Strouss Blog (February 11, 2021)
“Does COVID-19 Impact Your Contracts? Perhaps Its Time To Review Your Agreements,” Author, Jennings Strouss Blog (March 25, 2020)
“Small Business Real Estate Series, Part III: Personal Guarantees to Commercial Leases,” Author, Jennings Strouss Blog (2015)
“Small Business Real Estate Series, Part II: Commercial Lease Negotiations,” Author, Jennings Strouss Blog (2015)
“Small Business Real Estate Series, Part I: Commercial Leases,” Author, Jennings Strouss Blog (2015)
“Housing Bust Bad Loans May Still be an Issue for Lenders,” Author, Jennings Strouss Blog (2014)
“Does a Real Estate Appraiser Have a Duty to Your Client?” Author, Jennings Strouss Blog (2013)
Presentations
“Highlights of Arizona’s New Limited Liability Act,” Entrepreneurial CPA Network (December 2, 2020)
“The New Arizona Limited Liability Company Act (ALLCA),” West USA Realty (August 2019)
1850 North Central Avenue
Suite 1900
Phoenix, AZ 85004
1850 North Central Avenue
Suite 1900
Phoenix, AZ 85004
13250 North Del Webb Blvd
Suite B
Sun City, AZ 85351
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